KALYAN Vs. BUDDHA RAM

JUDGEMENT

(1.) THE appellants are aggrieved by the award dt. 20.09.2011 passed by the Motor Accident Claims Tribunal, Ajmer, whereby the learned Tribunal has dismissed the claim petition filed by the appellants. Brief facts of the case are that on 02.03.2009, Buddha Ram was driving a motorcycle belonging to Ram Lal and was carrying his sister -in -law Ms. Matthu Devi. At about 2:30 p.m., when they near the temple in Village Sarhad Jhhanda Nada Degana, allegedly due to the burst of tyre, he lost control over the motorcycle. Consequently, Mathu Devi fell, sustained injuries and died. Therefore, the claimants, who are her husband and her two minor children, filed a claim petition before the learned Tribunal. Learned Tribunal, on the basis of evidence on record, passed the award as mentioned hereinabove.

(2.) MR . J.P. Gupta, the learned counsel for petitioner, has contended that despite there being ample evidence in the form of testimonies of Kalyan (A.W. 1) and Buddha Ram (NAW. 1) to the fact that the motorcycle bearing registration No. RJ01 SH 4842, was involved in an accident, due to which Mrs. Matthu Devi expired, the learned Tribunal has disbelieved their testimonies. Therefore, the learned Tribunal has committed a grave illegality.

(3.) A bare perusal of the impugned award clearly reveals that the learned Tribunal has given ample reasons for dismissing the claim petition: firstly, the learned Tribunal has noticed that in the claim petition in para. 26(c) the claimants were required to reveal whether they are related to the owner/driver of the offending vehicle or not? Therein the claimants have stated that they are "not related" to the driver of the offending vehicle. However, the fact remains that both the claimant appellant No. 1 Kalyan and Buddha Ram, the driver of the offending vehicle, are related to each other as they are the brother -in -laws of each other. Thus according to the learned Tribunal, the claimants have not even approached the Tribunal with clean hands.